Kinna, J.J. & Anor v. National Australia Bank Ltd [1988] FCA 286

JUDGMENT No. CRRA ZS... .

CATCHWORDS

Trage Practices Act - proceeding commenced in Federal Court -

whether proceeding should be transferred to the County Court

Pursuant to s.36A ctices Act - jurisdiction and powers of County Court - mature of Federal Court's discretion

to transfer matters to the County Court.

County Court Act 13958 (Vic) 5.3, +, 35, 37, 43 Federal Court Rules 0.52 r.36A Jurisdiction of Courts (Miscellaneous Amendments) Act 1337

Practises Act 1374 s.82, "53, 8&5, 82, 85, 86A, 87

JOHN JAMES KINA IDs and NATIO AUSTRALIA B. LIMI

V. No. G.449 of 1937

NORTHROP J. 8 JUNE 1988 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) V. No. G.449 of 1987 ) GENERAL DIVISION ) BETWEEN : G 3 NNA AND R Applicants and NATIONAL AUS » BANK CIMIT Respondent COURT: NORTHROP J DATE: 3 JUNE 1398 PLACE: MELBOURNE NUTE_OF OR THE COURT ORDERS THAT: 1. The proceeding herein being V. No. G.443 of 1337 be transferrad to the County Csurt sf Victoria at

Warrnambool.

The costs of the motion be costs in the cause.

ta

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

V. No. G.443 of 1987

wees ve

INTHE FEDERAL COURT OF AUSTRALIA

f GENERAL DIVISION { BETWEEN

OHN J. 3K AND_ANOR

Applicants

and

N. B MI

Respondent-

COURT: NORTHROP J. DATE: 3 JUNE 13388 PLACE: MELBOURNE

= = rie

17a

REASONS FOR JUDGMENT

Strangely, the applicant is moving the Court under 5.86A of the Trade Practices Act 1974 for an order that this civil proceeding be transferred to the County Court at Warrnambool, in the State of Victoria. The respondent 15